Whether employers call or write to unsuccessful candidates, one thing is clear: Applicants are more likely to sue if they don’t like what they’re told when they’re rejected — especially now.

Companies most often get in trouble when managers try to sugarcoat the news. In one recent case, a manager was worried about telling an employee she wasn’t the most qualified for a promotion — so instead, she said the employee was turned down because she had young children and “a lot on her plate right now.”

The employee sued the company for discriminating against a working mother. And she won, thanks to her manager’s attempt to soften the blow. (Cite: Chadwick v. Wellpoint, Inc.)

Here are some mistakes HR and managers should avoid to keep out of legal trouble:

1. Comparing the qualifications of candidates – Hiring decisions are often somewhat subjective, and an applicant’s lawyer may be able to argue the rejected candidate was more qualified. Specific comparisons should be avoided. If someone presses for the reason they weren’t hired, the best response: “We chose the candidate who was best for this job.”
2. Recommending the candidate apply for a different position (unless you mean it) – A common way to soften the blow is to tell rejected candidates their resume will be kept on file, or they might qualify for a different job. But if managers say that when it’s not true, it just gives candidates more opportunities to get frustrated and take legal action.
3. Using phrases like “I’m sorry” and “unfortunately” – The company has nothing to be sorry about. Using apologetic language only feeds candidates’ negative feelings and makes them think they’ve been wronged.
4. Waiting too long – Significant delays before the news is delivered can allow candidates to build resentment toward the organization. Once the decision’s made, let the candidates know.
5. Giving inconsistent explanations – In one case, an applicant sued, claiming she was denied a job because of her age. The hiring manager told her she didn’t have the right experience. But in court, the manager said she was rejected because she was rude in the interview. The judge wouldn’t throw the case out because of the inconsistencies in the manager’s explanation. (Cite: Boyajian v. Starbucks)
6. Appearing impersonal – Twitter’s HR manager recently made headlines after she sent a rejection e-mail to a group of applicants. She forgot to use a blind carbon copy — which means every recipient saw the addresses of 185 other people who were getting the exact same e-mail.

How should the bad news be delivered? Most experts say you should avoid giving reasons, even if the candidate keeps asking. The simpler and more professional the letter or phone call is, the better.

Tags: rejection letters, unsuccessful candidates